Patna High CourtCR. MISC./14967/2024dismissed

Nitesh Kumar @ Nitish Kumar v. The State Of Bihar

2024-03-14Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14967 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- MAHILA P.S. District- Vaishali ====================================================== Nitesh Kumar @ Nitish Kumar S/o Sri Ram Kumar Ray R/o vill - Hasan Sarai, P.S. - Baligaon, Distt. - Vaishali ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State Shri Jharkhandi Upadhyay.

2. The petitioner seeks bail in connection with Mahila P.S. Case No. 14 of 2023 registered for the offence under Sections 341, 323, 376, 467, 468, 504, 506/34 of the Indian Penal Code and under Sections 67 and 67(A) of the Information Technology Act.

3. Pursuant to the order dated 12.03.2024, the SHO and the I.O. of the case have appeared personally in the Court today.

4. As per the prosecution case, Nitesh Kumar is said to have raped the victim girl after threatening her and made a video of the same.

5. It has been argued by the learned counsel for the

Patna High Court CR. MISC. No.14967 of 2024(3) dt.14-03-2024 2/2 petitioner that face of the person who has committed the offence was not clear but the I.O. of the case has submitted that Nitish Kumar is the person who has committed rape upon the victim girl.

6. Considering the direct allegation against the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this application is dismissed.

8. The Court below is directed to expedite the trial of the petitioner and conclude the same at the earliest.

9. The petitioner may renew his prayer for bail after the victim deposes in the trial.

10. The SHO and I.O. of the case have assured this Court that the trial will not be delayed because of the prosecution side.

11. The personal appearance of the SHO and the I.O. is dispensed with.

(Sandeep Kumar, J) Vikas/- U T